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Legal Defenses to Refusing a Blood Test During a California Driving Under the Influence Arrest

When you are stopped for the suspicion of driving under the influence of alcohol, you are asked to take either a breath or chemical test at the site of the arrest. Additionally, you are asked to take a test at the station once you have been taken into custody. If you refuse to take the breath test, or are unable to, you will be required to take the blood test. If you refuse to do so without a valid reason you may be additionally penalized.

If you have refused to take both tests, there may be some legal defenses that will work in your favor. An experienced Los Angeles DUI attorney can prepare a powerful defense that will help strengthen any possible arguments that you may have.

One possible defense is if you have a fear of needles and cannot take the blood test. If you are able to prove the fear, you may have a strong argument in your favor and the refusal may be set aside. Additionally, if the facility is not clean, or you feel that the needles or equipment used to administer the blood test is not sanitary, you will not be required to take the test and may refuse.

It is also important to note, however, that if you are unable to take the blood test you will be asked to take a breath test. If you are able to take a breath test, but refuse to do so, it will weaken any defense you may have.

Consult with a knowledgeable Los Angeles Criminal Defense attorney to assess the specific facts of your case and to learn what options are available to you.